Law:

Section:

CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973 Article 185 Where the equities do not lean in favour of petitioner, the impugned does not warrant any interference by High Court.--The petitioner seeking leave to appeal against the High Court order is not entitled to the discretionary and equitable relief from this Court in the exercise of constitutional jurisdiction as he has not approached this Court or the fora as prescribed under the Constitution and the law with clean hands. One who seeks equity must have equities in his favour. In the present case We are firmly of the opinion that the equities do not lean in favour of the petitioner therefore in our considered view the impugned does not warrant any interference by this Court. CONTRACT ACT, 1872?..Section 60, Where the amount paid by debtor without specifying its adjustment towards any particular debt even barred by time. The creditor is entitled to adjust such amount towards any particular debt even of barred by time.-When a person/debtor owes several debts to another person/creditor and makes payment of an amount towards repayment/adjustment of the debts, then in the absence of any specific direction regarding adjustment of the amount so paid against any particular debt, it would be the choice of the creditor to appropriate such payment towards adjustment of any outstanding loan/debt even if it be barred by time. This right has been given to the creditor by section 60 of the Contract Act. From a bare perusal of section 60 of the Contract Act it is established that when the debtor omits to intimate to the creditor at the time of making payment of amount/moneys towards repayment of several outstanding loans/debts against him then it is the discretion/choice of the creditor to appropriate the same towards adjustment of any lawful debt due and payable irrespective of the fact that recovery of such debt has become barred by law of limitation for the time being in force. CUSTOMS ACT, 1969..Section 30, since the consignments in dispute were wrongfully removed from the oil terminal of the petitioner for home consumption with a clear intention to evade duties and taxes, consignment would be liable to be…

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